RAMKUMAR DHIWAR Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 9/10/2014, passed by the learned Second Additional Sessions Judge, Bilaspur, in Sessions Trial No.64/2014, by which the appellant herein has been convicted for the offence under Sec. 302 of Indian Penal Code and sentenced to life imprisonment and fine of Rs.1000.00, in default of payment of fine, additional 6 months rigorous imprisonment.

(2.) Case of the prosecution, in brief, is that on 22/1/2014 at 12:25 p.m. at village Akaltari, Police Station Ratanpur, the appellant herein assaulted Sunita @ Suniti Yadav by sickle, by which she suffered grievous injuries and died; thereby offence has been committed. Further case of the prosecution is that Suniti Yadav (now deceased) was residing separately at village Akaltari for last 5 years from her husband and it is the case of the prosecution that appellant and nephew of deceased namely Nanhu, who was not examined, used to visit each other house, as they had visiting terms. In the meanwhile, deceased and acquitted co-accused Sushila Bai developed a suspicion that Nanhu had given the ornaments of Suniti Yadav to the appellant's wife Girjabai (PW-19) and on that pretext, one day prior to date of incident, quarrel took place between the deceased and appellant's wife Girjabai (PW-19) and on the date of incident also, quarrel took place between Girjabai (PW-19) and deceased Suniti Yadav and it is the allegation that deceased had slapped Girjabai (PW-19) on account of which, the appellant intervened and assaulted the deceased by sickle and the deceased Suniti Yadav died while escorting to the hospital. The Kotwar - Vinod Gandharv (PW-1) reported the matter to the police and FIR was registered vide Ex.P-1 and Nazari-naksha was prepared vide Ex.P-2 and thereafter, the dead body was sent for post-mortem and the post-mortem was conducted by Dr. Anupam Kujur (PW-20), who proved the post-mortem report Ex.P-26 and according to the post-mortem report, the cause of death was due to rupture of major blood vessels and excessive bleeding and death was homicidal in nature. Pursuant to memorandum statement of the appellant, blood stained sickle and other articles were seized, which were sent for FSL and the FSL report is Ex.P-28 in which, it has been stated that human blood has been found. After due investigation, appellant was charge-sheeted for the aforesaid offence under Sec. 302 of I.P.C. before the jurisdictional criminal court, which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

(3.) In order to bring home the offence, prosecution examined as many as 21 witnesses and exhibited 28 documents and the appellant-accused in support of his defence has neither examined any witness nor exhibited any document.